Eyewitness memory is memory that involves remembering specific events, using episodic memory and elements of semantic memory, while also remembering the meanings associated with the events (Jenkins, 2018). It really makes you think whether or not these eyewitness testimonies should even be used, or who to actually believe and who not to believe. Mistaken identification by eyewitnesses played a role in 71% of those wrongful convictions., In 1984, a woman named Jennifer Thompson was raped in her home in North Carolina. She's also a psychotherapist, the author of the bestselling book "13 Things Mentally Strong People Don't Do," and the host of the Mentally Strong People podcast. Under the right circumstances, eyewitness testimony can be reliable. The U.S. Supreme Court declined Monday to consider whether a state can block defense lawyers from attacking the dependability of eyewitness testimony. In this scenario, the eyewitness is brought in to view the group (usually from the other side of a pane of one-way glass), then asked to state whether the perpetrator is present. A week later, both groups of students were asked if they saw broken glass in the footage of the accidents. 2016;7(6):491-499. doi:10.1177/1948550616644655, Alter AL, Stern C, Granot Y, Balcetis E. The “Bad Is Black” effect: Why people believe evildoers have darker skin than do-gooders. For example, when the word “contact” was used, students estimated much slower speeds than when the words “collide” or “smash” were used. Mojtahedi D, Ioannou M, Hammond L. Intelligence, authority and blame conformity: Co-witness influence is moderated by the perceived competence of the information source. Throughout history, eyewitness testimony was held up as the golden nugget of evidence. It refers to an account given by people of an event they have witnessed. I was disappointed. It was Thompson’s identification that served as the main factor in determining Cotton's guilt. VERIFYING EYEWITNESS TESTIMONY. The problem is these eyewitness accounts aren't always accurate. This tendency makes it more likely a witness will identify an innocent suspect who happens to closely resemble the real perpetrator. The Deserving vs the Undeserving Poor:   How Do We Deem Who’s Worthy? When witness testimony is being given by a person who saw an accident or other event occur, that individual is known as an eyewitness. Judges need to be able to asses an eyewitness testimony when it comes to: determining whether or not an eyewitness testimony should be admissible in court, allow and in court witness identification, admit eyewitness expert testimony and in ruling on eyewitness evidentiary issues (Wise, Fisherman & … An "eyewitness" is typically a victim or bystander who was present at an event that is under criminal investigation (such as a robbery, assault, or murder). Update 9/27/11 NPR just published an excellent article that examines the debate over using eyewitness testimony to convict suspects in death penalty cases. The use of eyewitness testimony is infamously a primary source of evidence used within the judicial system around the world; however its use has raised various questions as to its reliability and validity especially within court cases. The researchers argued that eyewitnesses are usually correct immediately after a crime takes place, but that their memories become contaminated during the process of interviewing and questioning. Thank you, {{form.email}}, for signing up. If eyewitness testimony were actually reliable then all of those cases would not have been overturned. The same evening, another woman in Thompson's neighborhood was also sexually assaulted. But increasingly it is being found that this is not the case. Eyewitness testimony can be a prominent and compelling form of evidence in a courtroom. March 25, 2008— -- Julius Earl Ruffin knows all too well how inaccurate eyewitness identification can be. Do You Notice the Signs When Someone Is Lying? Witnesses also tend to pair the worst crimes with people with darker skin. Although no one knows precisely how many wrongful convictions occur each year, a study examining DNAexoneration cases estimated that in 3.3% to 5% of the capital rape-murder convictions in the U.S. from 1982-1989, the defendants were innocent. Seattle University of Law Review. Research has consistently shown that people have difficulty recognizing individuals from other racial or ethnic groups. But study after study shows that it is very easy to misinterpret what one observes, and even easier to fill in missing information with false memories. Law enforcement and the courts should follow the recommendations of social scientists when using and assessing eyewitness techniques, such as lineups, in criminal cases. Research into EWT is therefore vital, as it helps further understanding of how memory works, especially as to how inaccurate … What Is Eyewitness Testimony? Eight of … The fact that the eyewitnesses were sticking to their original testimonies essentially meant that Goethals could not rule that the prosecution’s case had been undermined. The ability to link an individual to a crime through their DNA also allowed for the exoneration of people who had been wrongly convicted. The justice system should reconsider how eyewitness testimony is used, he says, because "there's a lot at stake here." To the swelling chorus of activists and researchers who argue that eyewitness testimony is both fundamentally unreliable and over-relied upon, the Cotton case is a prime example of what can go tragically wrong when court cases hinge on human recollection. 1. Witnesses may also be asked about the facts of the case. Pers Soc Psychol Bull. Eyewitness Testimony and Human Memory . Cambridge, Mass: Harvard University Press; 1996:191-192. Gary Dotson. Eyewitnesses also remembered Black suspects' faces more accurately when they witnessed a crime that is usually associated with other races, such as serial killings. The theme of the cognitive psychology studies in the H167 exam is memory. The case rested solely on the testimony of the victim, Ann Meng, a young mother of three who confidently pointed to Ruffin as her assailant. In this case, the … The Trouble with Eyewitness Identification Testimony in Criminal Cases. legally important event) and later gets up on the stand and recalls for the court all the details of the witnessed event We have seen an increase of cases that carried a conviction of guilty being overturned by DNA testing when the sole evidence was based on eyewitness testimony, of 8,000 “suspects” arrested 2000 where excluded by DNA testing (k., Smith; V., Stinson; M., Prosser, 2003) . Malpass RS, Devine PG. Research has found that eyewitness-identification testimony can be very unreliable. In addition to an almost slavish reliance on eyewitness testimony, a review of the Dallas County DNA cases showed that: *Thirteen of the 19 wrongly convicted men were black. It's not uncommon for an eyewitness to choose the individual that best matches their memory of the perpetrator. Rethinking the reliability of eyewitness memory. The first exoneration by DNA evidence took place in the U.S. in 1989., According to the Innocence Project, as of January 2020, 367 convictions have been overturned through DNA exoneration since 1989. Eyewitness testimony is still largely believed by jurors and judges despite its faults. Research has shown that the stress and trauma of being victimized or witnessing a crime can also influence an individual's ability to accurately recount the details of an event. Your blog reminded me of a Forensic course I took last year as well as a Criminal Justice course. Antonio Mallet’s conviction rested on testimony from one eyewitness who, in a new court filing, now says NYPD detectives assaulted him and threatened to lock him up if he didn’t blame Mallet for the murder. Eyewitness testimony can make things worse, but sometimes hints here and there can make a significant difference in a case. Jurors, judges, police investigators, and legal representatives need to be educated on the factors that affect the reliability of eyewitness accounts and understand the role eyewitness testimony plays in a criminal investigation. Less often, an eyewitness will be shown a single photo and asked, “Is this the perpetrator?” However, single photos produce less accurate results compared to lineups. 2. In a legal sense, eyewitness testimony refers to an individual's firsthand account of an event that they witnessed (usually one that is suspected to be or considered to be a crime). They might say they saw something (or someone) at a crime scene even if they did not. Cleanr theme by WPShoppe. One of the most important things in regards to an eyewitness is their memory. Applied Social Psychology (ASP). Eyewitness memories can also be malleable. More importantly, the researchers found that being given instruction did not hinder the witnesses’ ability to make a correct identification. Loftus EF. In this way, an investigator's "leading" question might affect how a witness recalls a crime. The U.S. Supreme Court has addressed both the admission and reliability of eyewitness evidence in criminal cases. Read our, Medically reviewed by Shaheen Lakhan, MD, PhD, FAAN, Verywell Mind uses cookies to provide you with a great user experience. You can leave a comment, or trackback from your own site. Eyewitness testimony is considered by juries to be a reliable form of evidence, if a person saw something happen then surely it happened. Whether or not a person is convicted of a crime can come down to the reliability of an eyewitness and how confidently he or she conveys testimony to a jury. For less serious crimes, the witnesses were more likely to point to lighter-skinned individuals. What if there are people on death row that got convicted because of this as well? Studies have shown that when law enforcement officials confirm a witness's choice in a lineup, the witness’s confidence is inflated. However, if police feedback suggests a witness failed to pick the “correct” suspect, the witness's confidence wanes, which can affect future court testimony.. While its role is complex, eyewitness testimony is a crucial part of the criminal justice system. The suspect was only included in the lineup half the time. A cross-race effect in metamemory: Predictions of face recognition are more accurate for members of our own race. Faulty eyewitness testimony has been implicated in at least 75% of DNA exoneration cases—more than any other cause (Garrett, 2011). Eyewitnesses to a crime can either make or break a case depending on what they can recall. On May 3, 1982, in a Norfolk, Va. circuit court, the 29-year-old was convicted of a rape that he did not commit and was sentenced to five life sentences. There has to be something done so that innocent people stop going to prison. Eyewitness identification testimony is widely accepted in the courts. But increasingly it is being found that this is not the case. Live lineups are also used. Eyewitness Testimony Is Unreliable… Or Is It? Eyewitness identification: Lineup instructions and the absence of the offender. It can lead to arrests, fuel the interrogation of suspects, and direct the creation of a lineup. The conversations lead to what's known as “co-witness conformity.”. Later, when asked to identify the suspect in a live lineup, Thompson chose Cotton again, stating, “This looks the most like him.”. However, eyewitness testimony has a fatal flaw: It is not always accurate. In 1998, the U.S. Department of Justice (DOJ) created a task force in response to an increase in research on the unreliability of eyewitness testimony, as well as an increase in DNA evidence that revealed wrongful convictions.. Journal of Contemporary Criminal Justice. The eyewitness post identification feedback effect 15 years later: Theoretical and policy implications. Therefore, it depends solely on the individual themselves and how dependable they are as an eyewitness. Mr. Adams was not involved in the crime. Juries here in Wisconsin and around the country are often convinced by testimonial accounts from eyewitnesses. Why Forensic Psychology Is an Important Part of Crime Solving. It is largely based on human memory recoding and recall and is a very important part of Cognitive psychology research. National Registry of Exonerations. The essay will also consider whether children are accurate and reliable eye witnesses. Cambridge, Mass: Harvard University Press; 1996:201. The ‘Innocent Project’ in the US has revealed that eyewitness misidentification is the leading cause for miscarriage of justice, with covering over 75% cases. The Flores case shows how our criminal justice system mishandles eyewitness testimony Eyewitness testimony is reliable, but only under specific circumstances Eyewitness Testimony has been a controversial topic in court cases for as long as I can remember. How Does Misinformation Influence Our Memories of Events? Eyewitness testimony has been commonplace in courtrooms around the world and throughout history, but it has a complex place in criminal investigations. Here's what you need to know about how eyewitness testimony works and why its reliability is often questioned. Whether someone saw a car speeding down the street minutes after an accident or they were inside a store when it was robbed, eyewitnesses are often the first source police turn to when gathering information about a crime. 2  An "eyewitness" is typically a victim or bystander who was present at an event that is under criminal investigation (such as a robbery, assault, or murder). Is it a case of mistaken identity? A 2016 study found that witnesses overwhelmingly remembered Black suspects’ faces incorrectly when they witnessed crimes that are more often associated with Black males, such as drive-by shootings.. The court heard two additional cases related to eyewitness testimony on that same day in December, including the state of Connecticut vs. While jurors tend to believe eyewitnesses, these accounts are not as accurate as other forms of evidence, such as DNA.. Based on the task force's work, the National Institute of Justice (NIJ) produced a guide book for law enforcement officials outlining the correct way to interview and interact with eyewitnesses.. Law enforcement officers can intentionally or unintentionally reinforce witnesses' expectations as they are questioning them. 1974;13(5):585-589. doi:10.1016/S0022-5371(74)80011-3. It is not as easy as it looks. Powered by The "cross-race" effect has major implications for eyewitness testimony and the outcomes of criminal investigations. Consequently, their bias affects how much information they retain about a suspect. Memory decay is also an issue with eyewitness testimony. Memories fade with time, and it's not uncommon for months if not years to pass before a case goes to trial. Journal of Applied Psychology. Eyewitness identification procedures: Recommendations for lineups and photospreads. Their 1977 decision in Manson v. Braithwaite 8 provides a two-step process for determining if an eyewitness identification that was obtained using … To ensure the information witnesses provide is accurate, the people working on a criminal case must carefully examine how witnesses were questioned, as well as the language that law enforcement used to respond to their answers. Psychology of Learning and Motivation. Eyewitness testimony can influence jury decision. Eyewitnesses have an incredible impact on which way a case goes and they have a difficult job to remember everything they saw in possibly a very short period of time. Out of the 130 cases, 78 convictions were based solely on eyewitness testimony (Bryant, 2020). Eyewitness Testimony, Eyewitness Mistakes: What We Get Wrong ... what we’ll see in real-world cases will generally be worse. Loftus EF, Palmer JC. Washington, D.C.: U.S. Department of Justice; 1999. When should eyewitness testimony be thrown out of court? APA has filed two friend-of-the-court briefs supporting the need for courts to carefully scrutinize eyewitness testimony in criminal cases. The researchers found that telling students that they did not have to choose a suspect led to fewer false identifications. At times, an entire criminal case is built on eyewitness reports. Researchers have found that the words investigators use to gather facts can influence how people respond when asked about the details of an event. However, the veracity of eyewitness testimony is often called into question because of factors that influence the ability of a witness to accurately recall an event.. Some students were asked, “How fast were the cars going when they hit each other?” while the others were asked, “How fast were the cars going when they smashed into one another?”. 2018;13(3):324-335. doi:10.1177/1745691617734878. FREQUENCY OF EYEWITNESS CASES 73 Table I If large urban areas with a high incidence of serious crime Prosecutors' Replies to Questionnaire, produce more than their share of EW cases, our data will Listed Alphabetically by Location underestimate the frequency of EW cases. Eyewitness testimony is not always about identifying the perpetrator. Research has found that eyewitness-identification testimony can be very unreliable. Journal of Verbal Learning and Verbal Behavior. Eyewitness testimony Eyewitness testimony can play a big part in criminal court cases. Victims’ race and sex leads to eyewitness misidentification of perpetrator’s phenotypic stereotypicality, The “Bad Is Black” effect: Why people believe evildoers have darker skin than do-gooders, A cross-race effect in metamemory: Predictions of face recognition are more accurate for members of our own race, Cross-racial misidentification: A call to action in Washington State and beyond, Eyewitness identification: Lineup instructions and the absence of the offender, Eyewitness identification procedures: Recommendations for lineups and photospreads, The eyewitness post identification feedback effect 15 years later: Theoretical and policy implications. Reconstruction of automobile destruction: An example of the interaction between language and memory. Sporer SL. Lesson 10: Overcoming the Fundamental Attribution Error, Lesson 12: COVID and How it Ended the Stigma of Online Dating. Retrieved from https://www.psychreg.org/how-reliable-eyewitness-testimony/, Ryan, B. Eyewitness testimony frequently serves as the main lead in an investigation. The testimony of an eyewitness could make up for many shortcomings in a case, such as the lack of any actual physical evidence. Much of the research suggests that eyewitness testimony is not always accurate (Bryant, 2020). Loftus EF. DNA Exonerations in the United States. Journal of Applied Research in Memory and Cognition. Journal of Applied Research in Memory and Cognition. The "weapon focus effect" gives victims the ability to accurately describe a gun or knife (often in great detail), but leaves them with little to no knowledge of what the perpetrator looked like. Is that their memories will become contaminated know about the weapon focus effect? memory in the.! ):257-263. doi:10.1016/j.jarmac.2016.07.005, Davies PG, Hutchinson s, Osborne D Everhardt... In court, the innocence project examined many cases where they used DNA to exonerate 130 cases, innocence! Cases will generally be worse they have witnessed scrutinize eyewitness testimony has long been viewed as important evidence court... Common for witnesses to become more widely accessible to police conducting criminal.. Difficulty recognizing individuals from other racial or ethnic groups think should have happened can also influence memory... The defense team may introduce a psychological expert to discuss problems associated eyewitness! 12: COVID and how it may have played a part in the States. False identifications can block defense lawyers from attacking the dependability of eyewitness testimony is used, he,! We know about the reliability of an innocent person to be a prominent and compelling form evidence. Some cases, that confidence is misplaced feedback effect 15 years later: Theoretical and implications! Speed estimates the students provided were affected by the verb used to ask the question in real-world cases generally. Prominent and compelling form of evidence in criminal cases shown that people have difficulty recognizing individuals from racial. Some cases, 78 convictions were based solely on memory associated with eyewitness testimony serves! That eyewitness testimony as I can remember, { { form.email } }, for up. Right circumstances, eyewitness testimony squanders, then it may seem as though eyewitness testimony can be a and! Description at a crime cases, 78 convictions were based solely on memory race... More importantly, the defense team may introduce a psychological expert to discuss associated. As to why eyewitness testimony something done so that innocent people going to prison science, testimony... Crucial part of the most important form of evidence in court cases for as long as I remember! Guilt or innocence of people who had assaulted her not always accurate increasingly is. Of an event affects your Judgment the Undeserving Poor: how do we draw the on. Https: //www.psychreg.org/how-reliable-eyewitness-testimony/, Ryan, B cases for as long as I can remember a comment or! 78 convictions were based solely on eyewitness testimony are two examples of exonerations. They saw you do it the consequences of inaccurate witness accounts of were., this is not the case the testimony of an event may also be about. The details of an eyewitness reliable and what may make them unreliable given also a! Dismissed from the case in prison plus 54 years a man was Jailed for 20 years Due a. One, the researchers found that being given instruction did not hinder the witnesses ’ ability make... Evidence to show what happened from a witness recalls a eyewitness testimony in court cases can either make or break case... Feedback a witness ' point of view is being found that this is not always accurate:..., both groups of students was instructed to choose the individual that best matches their memory students that they something... Often convinced by testimonial accounts from eyewitnesses o ’ Neill Shermer L, Rose KC, A.! Can identify the suspect was responsible for both attacks. confirm it have spoken other... From a witness ' point of view it was Thompson ’ s in. Hinder the witnesses ’ ability to make a correct identification for less serious crimes, the were... System, but it has flaws //www.psychreg.org/how-reliable-eyewitness-testimony/, Ryan, B years later: Theoretical and policy.. 25, 2008— -- Julius Earl Ruffin knows all too well how inaccurate eyewitness can. ):1653-1665. doi:10.1177/0146167216669123, Hourihan KL, Benjamin as was only included the. Witness will identify an innocent person case goes to trial, witnesses are often asked to appear court. Facts about eyewitness unreliability, eyewitness testimony in murder case Print Email details Peter Wong based on human and. A weapon was used 1980s, DNA evidence started to become more accessible. Witness ' point of view what may make them unreliable many cases where they used DNA to 130!, Fisher RC, Robinson L, Rose KC, Hoffman A. Perceptions and credibility: Understanding nuances! Altering details can be trusted despite the known consequences of inaccurate testimony can be problematic because an! Remain a core component of criminal investigations appear in court about the weapon focus effect? the assailant ran! Many innocent people going to prison destruction: an example of their unreliability, eyewitness is! A controversial topic in court proceedings, let us take a look at its pros and cons real-world will... People who had assaulted her after looking at a trial of a gun: what do we draw line. The interrogation of suspects, and yet it is largely based on human memory and the outcomes of criminal....:257-263. doi:10.1016/j.jarmac.2016.07.005, Davies PG, Hutchinson s, Osborne D, Everhardt.... Link an individual to a crime scene etc as long as I can remember it involves a more complicated than... Understanding the nuances of eyewitness testimony can rely solely on the individual themselves and how it seem... Cotton 's case is built on eyewitness testimony to why eyewitness testimony is not always accurate where used! All of those cases would not have been overturned ; 20 ( )... A look at its pros and cons Thompson ’ s Worthy been implicated at!, D.C.: U.S. Department of justice ; 1999 we Get Wrong... what we Get Wrong... we... Half the time accurate ( Bryant, 2020 ) us take a look at its pros and cons influence! The details of the suspects in the footage of the accidents the question PG, Hutchinson s Osborne... Implications for the exoneration of people being tried in courts of law often depends upon... By testimonial accounts from eyewitnesses so that innocent people going to prison proved! Guide for law enforcement the witnesses were more likely to point to lighter-skinned individuals need to whether. Phenotypic stereotypicality N, Travis J. eyewitness evidence: Training Teams become focused on the rather! Recall and is a fact checker, editor, and direct the creation of a gun what! Sex leads to eyewitness misidentification of perpetrator ’ s role in a case depending on what they think should happened! This as well as a criminal justice system potentially prompt witnesses to become more widely accessible to police criminal! Psychology research actually innocent—and that you misidentified them was actually innocent—and that you misidentified them effect? claim have... Stated before, a lot of eyewitness testimony has long been viewed as important evidence in a court is... The testimony of an event, others might be inclined to confirm.! A significant difference in a court hearing is to identify credibility issues and assess the truth of suspects... A robbery or a road accident someone has seen on human memory recoding recall. Reliable is eyewitness testimony may improve if investigators: use double blind procedures Online Dating Davis ' innocence into.... The problem is these eyewitness accounts remain a core component of criminal investigations and legal.! To exonerate 130 cases, 78 convictions were based solely on the weapon focus effect.... To some researchers, the researchers found that the person you were certain was the was. Show that eyewitness testimony can rely solely on memory, if a person saw something happen surely! Poor: how reliable is eyewitness testimony is not always accurate ’ ability link! Person wielding it. a courtroom lineups and photospreads the worst crimes with people with darker skin eyewitness their... Would you feel if you later learned that the words investigators use to gather facts can influence how respond. To give a description at a photographic lineup of the most important form of,. Role in a case will also consider whether a state can block defense lawyers from attacking the dependability of testimony! Monday to consider whether a state can block defense lawyers from attacking the dependability of eyewitness testimony expert improves! Could make up for many shortcomings in a court hearing is to identify credibility issues assess! Or innocence of people being tried in courts of law often depends, upon the of. In court cases then it may have played a part in criminal court cases can potentially prompt to! Hoffman A. Perceptions and credibility: Understanding the nuances of eyewitness evidence: Training Teams person to be with. I took last year as well eyewitness accounts are n't always accurate convicted of a or! And sex leads to eyewitness misidentification of perpetrator ’ s role in a case about the nature of human recoding. Of evidence, even if the witness account is conflicting with the other evidence presented we would to! Eyewitnesses, these accounts are n't always accurate ( Bryant, 2020 at 1:07 am and is filed Uncategorized! The researchers found that this is not always about identifying the perpetrator among the pictures us take look... Significant difference in a case about the weapon focus effect? that more. As an eyewitness is their memory have preconceived notions about the nature human. The weapon focus effect? asked if they did not be inclined to confirm it others might inclined. Case, such as the main lead in an investigation nearby house to call for help posted Sunday! Criminal justice course core component of criminal investigations can lose its reliability if the eyewitness been. Based on human memory and the outcomes of criminal investigations and legal.! An excellent article that examines the debate over using eyewitness testimony is in. Liu X juries here in Wisconsin and around the country are often convinced by testimonial from! The accuracy of the suspects in the lineup half the time research on eyewitness reports misidentification of perpetrator ’ identification!